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Retracting sick pay?

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#1
We are in NY.

We have an employee missed 3 days of work because he was sick. He was paid for those three sick days last Friday with the understanding that he would provide a doctor's note. He has not. And he knows that a doctor's note is required for that many days out.

Can we retract the sick days paid on this week's paycheck?
 


#3
Do you doubt he was sick or is this some kind of procedural concern?

Bluntly: do you think he was malingering or you want to get out of paying on a technicality he can't do anything about without a time machine?
 
#6
We didn't question it until he just stopped showing up for work mid week last week. We were worried about him and tried reaching out to him to no avail. We went as far as to call the police to have a wellness check done on him because we were worried. He was found in good health and told to call his employer and let us know that he was okay. He never called. I'm trying to work out his final paycheck.
 

Zigner

Senior Member, Non-Attorney
#8
We didn't question it until he just stopped showing up for work mid week last week. We were worried about him and tried reaching out to him to no avail. We went as far as to call the police to have a wellness check done on him because we were worried. He was found in good health and told to call his employer and let us know that he was okay. He never called. I'm trying to work out his final paycheck.
You cannot make a deduction without his written approval.
Honestly, I'd just pay the 3 days and be done with it.
 

Zigner

Senior Member, Non-Attorney
#9
Well... you have already paid the time and a fired employee isn't going to agree to a haircut, so you are stuck paying for the remaining wages it seems.
The employer does have the option of suing the former employee, but this poster has a very weak case, at best (in my opinion).
 
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